Author(s): Paul M. Schwartz Year: 2009 Abstract: Worrying about privacy is a growth industry. The public is highly concerned about how its personal information is collected, stored, and processed. Technology companies compete to create new applications that will analyze personal data and meet new needs, such as the ability to broadcast one’s GPS data to […]
From Victorian Secrets to Cyberspace Shaming
Brief of 25 Intellectual Property Law Professors in Kirtsaeng v. John Wiley & Sons, No. 11-697
Author(s): Jason Schultz Year: 2012 Abstract: The first sale doctrine has long provided that legitimate owners of non-infringing copies of copyrighted works may use and sell their copies as they see fit — just as all property owners may generally use and alienate their property. In keeping with that rationale, the doctrine traditionally applied to […]
Statutory Damages: A Rarity in Copyright Laws Internationally, But for How Long?
Author(s): Pamela Samuelson Year: 2013 Abstract: American copyright professionals may be so accustomed to the current domestic regime of statutory damages that it may come as a surprise to learn that very few countries in the world have anything comparable. Our survey of 177 World Intellectual Property Organization member states reveals that the United States […]
Economics of IP Law
Author(s): Robert P. Merges Year: 2014 Abstract: This Chapter highlights two major differences between early or “first wave” scholarship in the field of intellectual property (IP) law, and the work of more contemporary “second wave” researchers: (1) increased attention to IP rights in a broader economic context (contextualization); and (2) greater methodological diversity. This Chapter […]
Research Handbooks on Intellectual Property Law Series, Edward Elgar Publishers (Series Editor)
Author(s): Robert P. Merges Year: 2013 Abstract: ‘The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for […]
Back to the Shadows, or Onward and Upward? Current Trends in Patent Law
Author(s): Robert P. Merges Year: 2007 Abstract: N/A Keywords: patent, Supreme Court, Hal Wegner Link: http://patentlyo.com/jobs/2007/01/merges_back_to_.html
An Essay on the Legacy of Chisum on Patents
Author(s): Robert P. Merges Year: 2014 Abstract: Robert Merges originally wrote this essay, previously unpublished, on the thirtieth anniversary of Chisum on Patents: A Treatise on the Law of Patentability, Validity and Infringement (1978-present). In the essay, Merges discusses the world of patent law scholarship in the 1970s and the significant effect Chisum’s treatise had within the […]
IP Rights and Technological Platforms
Author(s): Robert P. Merges Year: 2008 Abstract: This paper is about intellectual property rights (IPRs) and platform technologies. After a brief introduction explaining some basics of networks, standards and platforms, I turn to three policy issues. The first is the role of IP in what might be termed platform policies, the decisions by courts and […]
Bridging the Gap between Privacy and Design
Author(s): Deirdre K. Mulligan Year: 2012 Abstract: This article explores the gap between privacy and design in the context of “lateral privacy”— privacy issues arising among users of a service rather than from the service provider — on social networking sites (SNSs) and other platforms by analyzing the privacy concerns lodged against the introduction of […]
Book Review: Is Copyright Reform Possible?
Author(s): Pamela Samuelson Year: 2012 Abstract: Copyright law has taken quite a beating in the legal literature in the past decade or so. Complaints have been legion that copyright industry groups and corporate copyright owners have sought and too often obtained extremely strong and overly long copyright protections that interfere with downstream creative endeavors as […]